[Ord. No. 918 §2, 5-1-2008]
A.
Nothing
contained in this Article shall require any change in the plans, construction
or designated use of a building for which the building footings are
in place at the time of the passage of this Chapter.
B.
It
is the intent of this Chapter to permit these non-conformities to
continue until they are removed (except as otherwise herein provided)
but not to encourage their survival. Such non-conformities are decided
by this Chapter to be incompatible with the permitted structures and
uses of land and structures in the districts involved. It is further
the intent of this Chapter that such non-conformities shall not be
enlarged upon, expanded or extended except as provided for herein
nor to be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
C.
A non-conforming
use of land, premises or structure shall not be enlarged upon, expanded
or extended after June 13, 1977.
D.
If
a non-conforming structure or portion of a structure containing a
non-conforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired or rebuilt except in
conformity with the regulations of the district in which it is located.
E.
A non-conforming
use or a non-conforming building or structure which is non-conforming
only because of failure to provide required off-street parking spaces
or loading berths shall have all the rights of a conforming use or
structure.
[Ord. No. 918 §2, 5-1-2008]
A.
Where,
as of June 13, 1977, a lawful use of land exists that is no longer
permissible under the regulations and standards of this Chapter as
adopted or amended, such use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1.
No such non-conforming use of land shall be enlarged, increased or
extended to occupy a greater area of land than was occupied on the
effective date of adoption or amendment of this Chapter.
2.
No such non-conforming use of land shall be moved in whole or in
part to any other portion of the lot or tract of land occupied on
the effective date of adoption or amendment of this Chapter.
3.
If any such non-conforming use of land ceases for any reason for
a period of more than thirty (30) consecutive days, any subsequent
use of such land shall conform to the regulations and standards set
by this Chapter for the district in which such land is located.
4.
A non-conforming use of land shall not be changed to any other use
except to a use permitted in the district in which the land is located.
[Ord. No. 918 §2, 5-1-2008]
A.
Where,
as of June 13, 1977, a lawful structure exists that could not be built
under the regulations and standards of this Chapter as adopted or
amended, by reasons of restrictions on lot area, lot coverage, floor
area ratio, heights, yards spacing between building or other characteristics
of the structure or its location on the lot, such structure may be
continued so long as it remains lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered in a way which increases
its non-conformity. On a non-conforming structure work may be done
in any period of twelve (12) consecutive months on ordinary repairs
or on repair or replacement of non-bearing walls, fixtures, wiring
or plumbing to an extent not to exceed ten percent (10%) of the then
current replacement value of the structure, provided that the volume
of such building or the size of such structure as it existed at the
effective date of adoption or amendment of this Chapter shall not
be increased.
2.
Should such structure be destroyed by any means to an extent of more
than sixty percent (60%) of its replacement cost at the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this Chapter.
3.
Should any such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations and standards
for the district in which it is located after it is moved.
4.
The Planning and Zoning Commission shall reserve the right to review
each individual non-conformity on a case-by-case basis and at its
discretion, if it is deemed to be in the best interest of the City,
may waive all or part of the regulations and standards set forth in
this Section.
[Ord. No. 918 §2, 5-1-2008]
A.
Where,
as of June 13, 1977, a lawful use of a structure or a premises exists
that is no longer permissible under the regulations and standards
of this Chapter as adopted or amended, such use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
1.
No existing building or structure devoted to a use not permitted
by this Chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved or altered except in changing
the use of such building or structure to a use permitted in the district
in which it is located. On a structure devoted to a non-conforming
use, work may be done in any period of twelve (12) consecutive months
on ordinary repairs or replacement of non-bearing walls, fixtures,
wiring or plumbing to an extent not to exceed ten percent (10%) of
the then current replacement value of the structure, provided that
the volume of such building or the size of such structure as it existed
at the effective date of adoption or amendment of this Chapter shall
not be increased.
2.
Any non-conforming use may be extended throughout any parts of the
building or structure which were manifestly arranged or designed for
such use at the effective date of adoption or amendment of this Chapter,
but no such use shall be extended to occupy land outside of such building
or structure.
3.
If no structural alterations are made, any non-conforming use of
a building or structure or of any premises may be changed to another
non-conforming use provided that the Planning and Zoning Commission,
either by general rule or by making findings in the specific case,
shall find that the proposed use is equally appropriated or more appropriate
to the district than the existing non-conforming use. In permitting
such changes, the Planning and Zoning Commission may require appropriate
conditions and safeguards in accord with the provisions of this Chapter.
4.
Any building or structure or any premises in or on which a non-conforming
use is superseded by permitted use shall thereafter conform to the
regulations and standards of the district in which such building,
structure or premises is located and the non-conforming use shall
not be resumed.
5.
When a non-conforming use of a building or structure or a premises
is discontinued or abandoned for six (6) consecutive months or for
eighteen (18) months during any three (3) year period, the building
or structure or the premises may not thereafter be used except in
conformance with the regulations and standards of the district in
which it is located.
6.
Where non-conforming use status applies to the use of a building,
removal or destruction of the building or structure shall eliminate
the non-conforming use status. Any use of a new building or structure
must be a use permitted in the district in which it is located. "Destruction", for this purpose, is defined as damage to
an extent of more than sixty percent (60%) of the replacement cost
at the time of destruction.
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The Planning and Zoning Commission shall reserve the right to
review each individual non-conformity on a case-by-case basis and
at its discretion, if it is deemed to be in the best interest of the
City, may waive all or part of the regulations and standards set forth
in this Section.
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